Sunday, June 14, 2020

Letter on NFSG issue

All are requested to go through the below letter and suggest corrections before issue 

To
        
Sh. P.K.Bisoi,
         The Secretary (Post)
                     Department of Post
                   Dak Bhawan, Sansad Marg
                   New Delhi-100001

No.     CHQ/POA/1-6/2020-21                      Dated 15.06.2020

Sub: - Request for issue of speaking orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of directions of Hon’ble CAT Chandigarh bench orders dated 17-03-2020 in OA 06/0254/2020 and 060.255/2020 the basis on the decision of review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. .  

Respected Sir,

This Association for the last many years requesting your kind honour for the issue of common orders for grant of NFSG in GP of 5400/- on completion of 4 years in GP 4800/- to PS Group ‘B’ officers. Our many officers have been deprived of this benefit resulting in court cases after court cases. So much so what to talk of extending NFSG to PS Group ‘B’ officer, the pay fixture benefit of higher responsibility on promotion as required under rule FR 22 1(A)1 coupled with Rule 13 of the revised pay rules 2016 to PS Group B officers after even rendering 34 years of service is being denied to those promoted after 1-1-2012.   
Merely placement of Group ‘B’ officers in GP of Rs.5400/- on promotion who were working in the GP of 4800/- as a result of Grant of 3rd MACP without actual pay fixture is against the fundamental rules in view of Rule 13 of CCS (Revised Pay Rules) 2016. No doubt the PS Group ‘B’ officer has been given GP of Rs. 5400/-(Level 9) as a replacement to Rs. 4800/-(Level 8) w.e.f 1.1.2016 by 7th pay commission.  But it is nowhere mentioned that benefit of NFGP after four years of service in Group B or on completion of four years in GP of 4800/ has been withdrawn. Wrong Interpretation of rules by accounts wing officials of directorate with the detrimental approach is harming the interest of PS Group ‘B’ officers which should be taken seriously at the administration level. The accounts line official should be aware that Hon’ble Supreme Court of India has given verdict in our favour leaving no chance for accounts line officials to interpret otherwise and find means to halt our benefits. Association demand that our members should extend the benefit of interest for delayed payments owing to late decision wilfully.     
Furthermore, as is apparent from the recommendation of 7th CPC, Postal Superintendents (PS Group B officers) of DOP have been given upgraded GP of Rs. 5400/- w.e.f 1.1.2016 without withdrawing the benefit of NFGP after four years of service in Group B. Apparently, the benefit of pay fixation as required under Rule 13 of CCS (Revised Pay Rules) 2016 covered under FR 22 1(a)1 is required to be bestowed on completion of four years of service either at level 10 or pay fixture in level 9 who were given 3rd  financial up-gradation in GP of 4800/-. Unfortunately when level 10 has been denied by directorate than under which rule pay fixture in GP of 5400/- now level 9 is being denied is a big question mark. This all is leading to court cases after court cases for which department is paying a hefty amount to Govt. standing counsels for defending the cases. Association wants to know why accounts line officials are not objecting to such unnecessary and unwanted payments SGSC. It should also be said to be wastage of Govt. expenditure besides one day will lead to contempt of court.

It is also reported that recently Hon’ble CAT beach Chandigarh while deciding OA no. 060/0254/2020 and OA 060/0255/2020 has issued directions vide orders dated 17-3-2020 ( copy enclosed) to Union of India for passing speaking orders within three months from the date of receipt of a certified copy of the orders on the legal notice issued thereon. Unfortunately, no action has been taken at the directorate level to pass speaking orders on this also. It is pertinent to mention here that orders issued to the department by Hon’ble High court of Andhra Pradesh has not been implemented so far. Rather our case has been linked to the representation of IPASP cadre that has no relevance to the present case. Our issue pertains to the grant of NFSG as recommended by the 6th pay commission after rendering 34 years of services not involving any financial implications. Whereas the demand for IPASP is for grant of NFSG in level 9 (5400/-) on completion of four years in level 8 (4800/-) which can only be applicable for ASPs placed in upgraded scale as on 1-1-2016 or promoted thereafter.

Apparently, files routing through the Finance wing of directorate who otherwise have the tendency of raising objection to settle their ego without logic is a great injustice to officers who are part of the administration. If the department cannot implement the court orders in time what we can expect for settlement of our long-pending demands. Copies of the letters vide which case was taken is attached for reference.

It is, therefore, requested that pending final decision to the demand of IPASP as linked with POA (India) demand, common orders for Grant of 5400/- with pay fixture on completion of four years of service in GP of 4800/- granted under 3rd MACP benefit as also covered under various court judgments may kindly be issued with all consequential benefits without further delay. This will meet the end of justice who have been deprived of their legitimate rights and will also settle all representation and court cases. This will save the superfluous expenditure of department also

With warm regards
Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association

Tuesday, May 19, 2020

LETTER TO HON'BLE MINISTER OF COMMUNICATION


To

Shri Ravi Shankar Prasad
Hon’ble Minister for Communications,
Government of India.
1st Floor, Sanchar Bhawan, Ashok Road,
New Delhi- 110001

No. CHQ/POA/1-3/2020-21                                                              Dated 4.05.2020

Respected Sir,
            The Postal officers Association (India) would like to bring to the kind notice of Hon’ble Minister, the following pending issues relating to the cadre of Sr./Supdt. Of Post Offices for causing early necessary action.
(A)         Issue of common orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. .  

In view of a decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017 the department has unnecessarily relegated the file to back seat instead of issuing common orders. The department is implementing the decision in piecemeal for the officers filing court cases only instead of issuing common orders as done by other departments. This is not only enhancing the sense of discontentment due to non-settlement of the same but also pull our members towards unnecessary litigations causing unnecessary expenditure of department and our members too besides wastage of time.

This association wrote numerous letters on this issue to Postal Directorate, copy of main communication is appended as Annex-I but implementation is still pending due to not clearing the file by Finance wing of department who has vested interest. In the extent case DoPT has already passed orders for implementation of Hon’ble court orders to the similarly placed officers of not only other departments but of our department also but selectively for the officers who are taking legal remedial.

Since this was one of the vulnerable issues so after discussion in the CWC meeting held in Ayodhyaji, it was decided by the house to request the department to issue common orders for grant of GP of Rs. 5400/- on completion of four years of service in 4800/- as done in the cases who have taken legal measures. Accordingly, Case was taken with Secretary Posts but unfortunately, department has not taken the final decision up-till now. Copy of the resolution was submitted to the department vide letter attached as Annex-II. Now the hope is on our kind honour for early settlement.

(B)           Request for issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.

Members of the Postal Officer Association (India) have been raising their concern for not settling the issue regarding grant of financial benefit to senior ASPs w.e.f 1-1-2006 but Postal Directorate is silent despite several requests from the staff side. The crux of the case is that consequent upon court verdict various orders like (i) placing of Inspector of Posts (IP) in the Grade Pay of Rs 4,600/- from Rs 4,200/- w.e.f.  01-01-2006 on par with next hierarchical promotional Gazetted Post i.e. Assistant Superintendent of Posts (ASP) and (ii) grand of one increment in the same scale on promotion to next hierarchical Post of ASP cadre have been issued by the department of Post for those who joined the department just after 2006 with all consequential benefits including arrears. These beneficiaries are being allowed the provisions of MACP at the upgraded level. Whereas far-far seniors who were working as ASPs on 1-1-2006, now Postal Service Group B officers have been placed in a detrimental and disadvantageous position. It is pertinent to mention here that many of our senior members are still working at level 8 whereas the juniors have been placed at level 9 on allowing the benefit of 3rd MACP. It is a clear cut case of discrimination.

            Communication made to Secretary Post in this regard is attached as Annex –III. Copy of resolution passed in CWC and submitted to the department is attached as Annex-IV.

            Sir, it ought to be mentioned here that ours is the middle-level executive officers of the Department, who plays a pivotal role in the execution of all the policy decisions of the department. PS Group B officers are now being made as to the stem for implementation of the IT modernization project of India Post, which is expected to bring a paradigm change in the way department functions. These executives are supposed to operationalize approximately 4.5 lakh trained manpower of Department of Posts including Gramin Dak Sevaks. Sir it will not be wrong to say that all responsibilities are evolved on us and when it turns of extending financial benefit or career progression, the finance wing of this department creates hurdles after hurdles even in the implementation of Hon’ble court orders.
            It is pertinent to mention here that even during the covid-19 outbreak our officers have played pivotal rules for making arrangements of point to point delivery of medicines and making AePS payment to the needy at their doorstep. We are doing all this risking our life. This sincerity can be adjudged from the fact that we have lost one of our dynamic SSPOs. He dies of corona while working for the department at Dhule (Maharashtra). Though he was suffering from various diseases but denied leave by PMG Aurangabad and worked under odd circumstances. Copy of the press clipping is attached that will speak itself about our sincerity.
            The Association therefore approach your kind honour and fervently requests the Hon’ble Minister to restore the lost ground by directing the department to settle long pending genuine issues pertaining to officers association so that they can function as effectively as ever and take an active part in the process of quick transformation of the department.  
With profound regards
Yours Sincerely


R N Yadav
General Secretary
Postal Officer Association
Copy to
1.     Secreatary Post Dak Bhawn Sansad Marg New Delhi
2.      The ADG(PPC), Dak Bhawan New Delhi-110001

Sunday, March 29, 2020

LETTER FOR ISSUE OF ADVISORY FOR OCCUPATIONAL SAFETY


All are requested to check the letter before issue and advise changes if required any
To
            Sh. P.K.Bisoi,
            Secretary Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001

No. CHQ/POA/1-1/2020-21                                                  Dated      30.03.2020

Sub: Request for issue of advisory to circles for adhering GOI instructions for occupational safety of Divisional Heads including the grant of leave or work from home norms.  
Respected Sir,
            Postal Officer Association like to bring to your kind notice towards the oppressive instructions issued by CPMG Karnataka Circle asking divisional heads to report for HQ on Monday without showing any excuse or applying for leave.  Such type of callous and inhuman orders demonstrate total disregards to the GOI instructions contained in DoPT office memorandum no. 11013/9/2014-Estt (A-III)ND dated 20-3-2020 wherein relaxation in CCS (Leave) Rules, 1972 to grant Commuted Leave without production of a medical certificate to the officers above 50 years of age are there.  
Sir, it is a fact that more than 70 % of the divisional heads have already crossed 55 years of age and prone to infection due to chronic diseases, they already facing.  Moreover, many of the divisional heads are away from their home and family as such totally dependent on restaurants/ Dhabas for the dietaries which are closed due to total lockdown /curfew. How they will manage all things is nobodies’ priority but unfortunately denying leave is the priority for officers sitting at the helm of affair.  So much so leave of Chief Postmaster Anna Road, Chennai who is also our President was not extended through he was on leave with valid permission to leave the station. Moreover, he had applied for an extension of leave on health grounds and compelling circumstances arrived due to complete shutdown and keeping in mind that older people with chronic diseases are at higher risk for COVID-19. The association has a reservation on such inhuman acts of the administrations and compelling us to show insubordinations.
Sir, you will also agree that local administration is not allowing even to leave home for rations due to fear of spreading infection but our officers have no regard to the words/ repeated requests of our Hon’ble Prime Minister. Due to curfew restrictions in some circles, Local district administration is not allowing to open Post offices for any kind of work. Limited timing for the sale of vegetables and opening of grocery shops has been set by the administration and nobody is allowed to move without valid passes which are made for a limited period and time. Under such circumstances what type of work the CPMG/ DPS will take from divisional heads is another question..
The association condemn this type of non-cooperative the attitude of the CPMG Karnataka/ Tamil Nadu and request your kind honour  to take stock of the situation and issue instructions to the all the CPMGs to sanction leave to all the divisional heads covered under the rules or work from home as per the directive of DoPT.  This will help a long way to save society as a whole from the spread of the Virus in our beloved country. The most important factor in preventing the spread of the Virus locally is to support all and sundry and advice taking precautions as per the advisories issued by GOI and not settle ones’ ego. The association assured your honour that once our country comes out of this traumatic stage, our members will again evolve themselves in the progress of department and country.
With warm regards

Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association


Tuesday, November 12, 2019

LETTER TO SECRETARY POSTS REQUESTING TO REVIEW CASES RAISED BY POA


To
            Sh. P.K.Bisoi,
            Secretary Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001

No. CHQ/POA/1-75/2019-20                                        Dated 13.11.2019

Sub: Request for review of all long pending cases of the Group B officers.
Respected Sir,
I on the behalf of the Postal Officer Association feel privileged to congratulate your kind honour on joining the highest post of the department. We, the members of POA are sure that the department will achieve new milestones under your intuitive vision and dexterous talent. The officers who are part of the administration will also get justice while working under your able guidance. This Association assures you all support and co-operation in achieving all the goals and given the task of transforming all the Post Offices into a vital network capable of serving the customer with all sophisticated services.
At the same time Association brings to your kind notice some pending issues concerning our cadre which are enhancing the sense of discontentment due to non-settlement of the same. It is being kindly recalled that we also met your kind honour in your chamber as Member (P) where it was explained how the senior members of the association have been discriminated while conferring GP of Rs.4600/- to IPs and placing far-far seniors in the same scale placing ASPs at the disadvantageous position. This has not only lowered the dignity of the ASPs (Gazetted) but also given step-motherly treatment to seniors by disturbing the already settled position of different cadres in different scales.
Sir, you will agree that may it be 5th CPC or 7th CPC has kept ASPs and PS Group B officers above IPs thus placing IP and ASP (Gazetted) in the same scale/GP for a particular period is not only discrimination towards seniors but also a violation of natural justice. Extending the benefit to IPs ignoring the right of seniors when another cadre under separate set of recruitment rule exit in the hierarchy is against equality and thereby violation of article 14 and 21 of the constitution. Even the department is extending benefit of ACP/MACP to those promoted as ASPs after 2006 creating unnecessary anomalies and resentment amongst seniors particularly promoted as ASPs prior to 1-1-2006.
With the motive of fare had just treatment amongst all aggrieved, this association has written a series of the letter but the department has not taken any positive cognizance of these letters.  This issue was also discussed in the Circle Working Committee meeting of the Postal officers Association held on 7th and 8th September 2019 at Faizabad Ayodhya U.P.  After discussion a resolution was passed unanimously to take up the issue with directorate forcefully so accordingly copy of the resolution along with earlier letters written to directorate was sent for taking a favourable decision but unfortunately, it went for no result till now.
It is therefore urged to kindly intervene and get all the pending issue including above one settled early by issuing clear orders so that all may get justice under your dynamic leadership.
With warm regards

Sunday, October 13, 2019

RESOLUTION No.III


To
            The Secretary (Post)
             Department of Post
             Dak Bhawan, Sansad Marg
             New Delhi-110011 

No. POA/CWC/ Resolution-3/2019                                    dated 14-10-2019  

Sub: - Request for issue of common orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with the review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017.  

Respected Sir,

                Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues concerning to this cadre which are enhancing the sense of discontentment due to non settlement of the same. In the above subject case even postal department has not taken any initiative to issue common orders on this count as did by the Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extending benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. After discussion, following resolution was passed unanimously.

“Postal officers Association unanimously resolve to urge Secretary (P) for issue of common orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017 before filing court case seeking relief with all consequential benefits.  

In this regard, attention is also invited towards Postal Officer Association’s letter dated 17-9-2018 (copy enclosed as Annex-I) requesting for grant GP of Rs. 5400/- on completion of Rs.4800/- earned under MACP. The Association in the above letter has further requested directorate that decision made by the Hon’ble Supreme court of India is required to be implemented to similar placed Group “B” officer of the Department of Post. In the light of submissions explained in the attached letter and in view of Hon’ble Supreme court orders to implement civil appeal no. 8883 of 2011, the association humbly prayed that orders to allow the benefit for grant of GP of Rs. 5400/- to those officers who had got the GP of Rs.4800/- on up-gradation under MACP should also be implemented by issuing common orders. This will meet the end of natural justice and save the unnecessary expenditure of association and department too.
         
 It is therefore requested to kindly consider the resolution passed by the members of the association keeping in view the genuine demand of the officers which has already been implemented in favour of employees who have approached the court. It is great injustice with the officers who are not approaching the Hon’ble court due to the paucity of funds and time. Association hopes that an early and favourable action will be taken by the department.

With profound regards.


Yours Sincerely

(R.N.Yadav)
General Secretary
Postal Officers Association

                                                                             Annex-I
To
  Sh. A.N.Nanda,
  The Secretary (Post)
             Department of Post
             Dak Bhawan, Sansad Marg
             New Delhi-110011

No. POA/CHQ-27/2018                           dated 17-9-2018

Sub: - Request for grant GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. 

Respected Sir,

        Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP. It is hoped that these would certainly find in line and would be taken into consideration before arriving at a just and favourable decision. This representation is preferred upon a judicial pronouncement by the Hon’ble Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014.
  
As per Government of India’s Resolution No.  M.F No. 1/1/2008-1C, dated 29.08.2008 ,clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. will be granted Grade Pay of Rs, 5,400/- in PB-2 on non – functional basis after 4 years of regular service in the grade pay of Rs,4,800/- in PB-2”. As per this clause all the group “B” officers of Department of post, Revenue etc will be granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years of regular service in the grade pay of the 4800 in PB-2.

Further, as per Para 9 of the Annexure I to DoPT O.M. dated 19.05.2009 issued from F.No. 35034/3/2008-Estt.(D):  “Regular Service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption / re-employment basis…...past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS….’’.As per Para 2 of DoP&T OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010: “….financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008”.

The 1st schedule of CCS(RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay band & grade pay on the pay scale as applicable for every post/grade shall be specified. Para 7.6.14 of the report of Pay commission would make it clear that a Group “B” officer in PB-2 with a Grade pay of Rs. 4800/- will get the Grade Pay of Rs. 5400/- after completing 4 years of regular service on non – functional basis. The enhancement of grade pay is not dependent on the post, but on regular service of 4 years in Grade Pay of Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).

In this context, it is pertinent to mention here that as per GOI resolution 1/1/2008 IC dated 29.8.08 does not make a categorization within Group B vis ASP or Supdt.of Post offices in Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- as both cadre are in Group B and enjoying  gazetted status. In terms of MACP scheme notified by the DoPT vide OM No 35034/1/97- Estt(D)  dated 9.8.1999, the financial up-gradation under the scheme should be granted to the pay scale of the next hierarchical cadre.

It is not out of place to mention here that on plain reading of DOP&T memorandum No. 10/02/2011.E.III/A dated 7-1.2013 leads to the conclusion that either pay of the officer on assuming higher responsibility should be fixed under FR 22 1(a) 1 in the same GP treating regular service on promotion in the relevant GP or financial upgradation under MACP or otherwise should be considered a regular service in that GP. Two separate interpretations on one issue are bad in the eyes of law and are considered mischievous, far-fetched, hyper technical and illegal.

Similar matter had come up for decision before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled in favour of the employee to the effect that if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.

The said decision was challenged by the revenue department before the Hon’ble High court of Madras. The challenge made by the department had been rejected by the said court meaning thereby the CAT orders stood affirmed. The judgement passed by the Hon’ble High court of Madras was challenged before the Hon’ble Supreme Court of India and challenge so made stood rejected even by the Hon’ble Apex court. As such orders passed by CAT bench become applicable to all similar placed officers being the SLP rejected by Hon’ble Apex court so should be applicable to the officer of DOP also.

It is pertinent to mention here that in similar placed applicant other benches of CAT upheld the decision of Hon’ble High Court of Madras and passed orders “Considering the reasoning given by the Hon’ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified”.

Recently Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF as conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of regular service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. Whereas, PS Group B officer of DOP are more analogous than AEs of Ministry of Information  Broadcasting as in Government of India’s Resolution No.  M.F No. 1/1/2008-1C, Dt. 29.08.2008, clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. is clearly spelled out.

        In the light of above submissions, it is most humbly prayed that of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP.       

With profound regards.


Yours Sincerely

(R.N.Yadav)
General Secretary
Postal Officers Association

REQUEST FOR FUNDS FOR FILING COURT CASES


Shabeer Sir
Actually, some Group B officers were drawing GP of Rs. 4800/- while working as ASPs before promotion to PS Group B that they earned on account of completion of 30 years of service in Group B and some 10 years in ASP cadre. For such officers, no fixation was done on promotion on regular basis to PS Group B. Directorate letter no. 1-14/2006/PCC dated 4-11-2008 provides GP of 5400/- on a non-functional basis to PS Group B officers on completion of 4 years of regular service in PS Group B and not on clubbing the service rendered in ASP cadre. However, those who are approaching the court are getting GP of 5400/- on completion of four years of service in GP of 4800/- with consequential benefits irrespective of the fact whether one rendered four years of service in ASP cadre or PS Group B.  Now after 7th pay commission situation has changed altogether. Since our cadre has given GP of 5400/- w.e.f 1.1.2006 so the department has withdrawn the benefit of NFSG. It is neither allowed in ASP cadre nor in PS Group B and so much so pay of those who were in the GP of is 4800 being fixed without notional increment placing at one stage lower to those promoted after 1-1-2016 even under MACP. The peculiar situation is for those promoted or joined after 1-1-2012 as virtually their pay has been reduced by one increment.
Now we have two options:

1.    Association can file a court case for grant of GP of Rs.5400/- on completion of four years of service in GP of 4800/-. This is a covered case and it is 100% sure that the department has to issue common orders if association filed the case. In this case, beneficiaries will be only those who got the GP of Rs. 4800/- under MACP on completion of 30 years of service prior to 1-1-12. This is beneficial for seniors like me and you too.
2.    Secondly, the association can demand the restoration of NFSG on the pleas that Ministry of Finance vide letter No. 26017/219/2016- Ad.II.A dated 10-4-201 has clarified to the revenue department that since 7th CPC recommended only normal replacement pay level for Superintendents so NFSG introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade Pay with the corresponding Pay Levels/ Cells in Pay Matrix. As such all PS Group B officers are eligible for a fixture of pay on completion of four years of service in Group ‘B’ with corresponding pay levels/cells in Pay Matrix i.e level 10. Moreover, NFSG is being allowed in all the cadres as given in the recommendation of 6th CPC so denial to our cadre can be challenged in the court of law. In this case, benefit to the seniors will be less as compared to the juniors.
        For both the cases funds will be required but till today no one has contributed so my views are that we should go for covered case that will cost us less. In case of second one let the junior may file a case. Simultaneously we seniors will file seniority case so that may get fixture in JTS.
          After filing two cases I will resign from all the posts of association may it be CHQ or circle. I am thankful to you sir for extending help.


Saturday, October 12, 2019

RESOLUTION No.II


To

The Secretary Posts,
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001

No. POA/CWC/ Resolution-2/2019                                    dated 11-10-2019    

Subject:    Request for redefining the financial benefits in term of 2nd ACP and 3rd MACP at appropriate GP to senior IPs/ASPs , consequent upon placing IPs & ASPs in the same GP of  4600/- w.e.f 1-1-2006.

Respected Sir,

                Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues pertaining to the cadre and one of the above long pending demands of the officers was discussed in detail. After discussion, following resolution was passed unanimously.

“Postal officers Association unanimously resolve to urge Secretary (P) to extend benefits of Grade pay of 4800/- and 5400/- as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. The 6th pay Commission has emphatically illustrated that change of grade pay should be accompanied by fixation only. This should be extended either under the benefit of ACP/MACP or straight way upgrading the pay scale as allowed by 7th pay commission.The association has resolute that otherwise, anomaly will continue & as a result both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees”.

Directorate vide letter dated 11.01.2013 has already clarified that prior to introduction of MACP, promotion/financial up-gradation in posts which carry the same grade pay due to merger of pay scales/up-gradations are to be ignored in term of clarification given in point of doubt 1 of ACPS. It is unfortunate that despite repeated request by the effected officers and representation from association side no action has been taken by the department. Copies of the letter dated 11-3-2019 and 2-9-2019 enclosed as Annex-I and Annex-II are self explanatory for taking decision to remove the anomaly.

                It is therefore requested to kindly consider the resolution keeping in view the genuine demand of the officers who have been deprived of their legitimate right. Association hope that an early and favourable action will be taken by the department.
Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association

Annex-I
POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquarter: 17/3 B, Kali Bari Marg, New Delhi 110001

To
          Sh. A.N. Nanda
          The Secretary (Post)
                                   Department of Post
                                   DakBhawan, Sansad Marg
                                   New Delhi-100001

No.     CHQ/POA/1-1/2019-20                                   Dated                    2.09.2019

Sub:    Request for the issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.
Respected Sir,

            Members of the Postal Officer Association (India) have been raising their concern for not settling the issue regarding grant of financial benefit to senior ASPs w.e.f 1-1-2006 but our Directorate is silent despite several requests from the staff side.  Consequent upon court verdict various orders like (i) placing of Inspector of Posts ( IP) in the Grade Pay of Rs 4,600/- from Rs 4,200/- w.e.f.  01-01-2006 on par with next hierarchical promotional Gazetted Post i.e. Assistant Superintendent of Posts (ASP) and (ii) grand of one increment in the same scale on promotion to next hierarchical Post of ASP cadre have been issued by the department for those who joined the department just after 2006 with all consequential benefits including arrears. These beneficiaries are being allowed the provisions of MACP at the upgraded level. Whereas far-far seniors who were working as ASPs on 1-1-2006, now Postal Service Group B officer have been placed in a detrimental and disadvantageous position. It is pertinent to mention here that many of our senior members are still working at level 8 whereas the juniors have been placed at level 9 on allowing benefit of 3rd MACP. It is a clear cut case of discrimination.

Sir, you will agree that consequent upon placing ASPs and IPs in the same GP of 4600/- corresponding to the old pay the scale of 7450-225-10500, the promotion already given to ASPs in the lower scale of 6500-200-10500 has become redundant and need to be discarded Hence, an anomaly occurred due to hierarchical problem. These orders nullified the promotion of ASPs (Gazetted). As a matter of justice, ASP should be allowed benefit of one increment as on 1-1-2006 as allowed to ASP promoted after 1-1-2006 in the same scale.

Reasons for Anomaly between IP & ASP on 1-1-2006. 

1.         Postal Directorate vide Memo No 2-12/2013-PCC dated 24.10.17 increased Grade pay of IP by Rs 400/- (from 4,200 to 4,600) from 1-1-2006.
2.         IP pay has been fixed minimum as Rs 17,140 ( Pay band Rs 12,540 + GP Rs 4,600) as on 1-1-2006 vide OM No. 8-23/2017-E.IIIA dated 28-09-2018 of Ministry of Finance  Department of Expenditure.
3.         Under the provision contained in OM No.10/02/2011-E.III/A of Ministry of Finance  Department of Expenditure dated 7-01-2013 one increment is given when IP promoted to ASP after 2006.
4.         Further, on 1-9-2008 after the introduction of MACP orders, a PA recruited after 1-9-1989 who is IP/ASP will get 4,800/-grade pay WITH INCREMENT in his 2nd MACP in just 20 years of service apparently earlier to Sr. ASP who got 4800 after 30 years.
In nutshell with all the above orders/provisions, some of the IP's pay either became equal or crossed the ASP after 1-1-2006 to 1-9-2008Reason for pay Anomaly between ASP & IP is due to placing/granting of 4,600 Grade Pay to IP on and after 1-1-2006 and ignoring the fundamental right of seniors.

Further calculation reveals that IPs as on 1-1-2006 are given Rs. 400/- increase in their Grade Pay and also will get one increment when they get ASP promotion after 1-1-2006 around Rs 600/-.  But contrary to this those who were ASPs as on 1-1-2006 and their pay was fixed after 6th pay commission was simply given multiple of 6500/- without even giving the benefit of fitment table. Now again on the promotion of these IPs to ASP will again get one increment + 4,800 GP under 2nd MACP around Rs 650 + 200 = Rs 850/-.

As explained above, after 1-1-2006 an IP by 1-9-2008 will get around Rs 400+600+850 = Rs 1,850/-.  While ASP has not given any benefit of creating an anomaly in the hierarchy.
ANOMALY is due to the WRONG decision of MoF/DoE/DoP as grade pay of ONLY IP was upgraded WITHOUT UPGRADING grade pay of ASP. Hence, Anomaly has to be set right.
.
Solution to set right Anomaly between IP and ASP

A.  Cadre of Inspector Post (Non-Gazetted) and ASP (Gazetted) have been placed in the identical GP of Rs. 4600/-. As provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently, the officers who were working as ASPs as on 1-1-2006 are also eligible for the fixture of pay w.e.f 1-1-2006 in an identical scale for two different cadres after giving the benefit of increment.

B.        Since ASPs and IPs have been placed on the same scale so provision for grant of MACP or ACP will have to be redefined in view of the DoPT  clarification in its OM No. 35034/1/97-Estt (D) (Vol. IV) dated 12.02.2000 ( point of doubt No. 1)  and 18.7.2001, earlier promotion given is to be IGNORED COMPLETELY promotion earned /up-gradation granted under the ACP schemes in the past to those grades which now carry the same GP due to the merger of the scales/ up-gradation of posts recommended by the sixth pay commission shall be ignored for the purpose of up-gradation under MACPs.

 As such fixation is to be given afresh with increment on 1-9-2008 under MACP. As per VI pay Commission, change of grade pay should be accompanied by fixation only. Otherwise, Anomaly continues & hundreds of both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees.

Association, therefore again urge your kind honour to issue orders with regard to extending benefits of Grade pay of 4800 and 5400 as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006.

With profound regards

Yours Sincerely


R N Yadav
General Secretary
Postal Officer Association

Copy to:
1.    Sh. P.K.Bisoi, The Member (Personnel) Postal Services Board, Postal Directorate, New Delhi-110001
2.    The DDG (Establishment ) Dak Bhawan New Delhi-110001
3.    The ADG(PPC), Dak Bhawan New Delhi-110001

Annex-II

POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquater : 17/3 B, Kali Bari Marg, New Delhi 110001

     To
                        Sh. A.N.Nanda,
The Secretary (Post)
                        Dak Bhawan, Sansad Marg
                        New Delhi-100001

No.     CHQ/POA/1-54/2017-18                               Dated 11.03.2019

Sub:    Request for issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.

Respected Sir,

Kindly refer to this association letter dated 15.10.2018 and 17-12-2018 on above mentioned subject through which Postal Officers had requested for extending benefits of 2nd and 3rd MACP in Grade pay of 4800/- and 5400/- to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. Copy of the earlier letters is enclosed for your reference.

In this respect, it is to be stated that consequent upon placing the ASP and IP in the same GP of Rs. 4600/- corresponding to the old pay scale of 7450-225-10500, the promotion granted in the ASP cadre who were working in that capacity as on 1-1-2006 is required to be ignored. Directorate in the letter 4-7/ (MACPS) 2009-PCC dated 11-1-2013 had clarified that prior to introduction of MACPs, promotion/ financial up-gradation in the posts which carry the same grade pay due to merger of pay scales/ up-gradation recommended by CPC are to be ignored in terms of clarification given on point of doubt 1 of ACPs in the letter dated 10-2-2000.

As such the pay fixture benefit to those ASPs who were promoted prior to 1-1-2006 or who got financial up-gradation prior to 1-1-2006 needs revision as on 01-01-2006 in the same manner as was done in case of other cadres in their respective hierarchy. In our cadre it should be GP of 4600/-, 4800 and 5400/- for 1, 2 & 3rd financial up-gradations.

Following illustrations would explain the position:

1.
Date of appointment of an applicant in entry grade as PA in  the pre-revised pay scale of 260-480                                    
DOJ in the department 30-12-1981
Entry in department It is common for all.
2.
1st promotion in IP cadre in the pay scale of 1400-2300, up-graded to 5500-9000 by 5th pay commission now upgraded to the scale of 7450-225-10500 in  the GP of 4600 (1-1-06)
Date of promotion in the cadre of Inspector Post        30-01-1989
Both the cadres have now been placed in the same GP w.e.f 1-1-06 which should be treated as 1st promotion or MACP.
3.
2nd promotion in ASP cadre 6500-200-10500. The ASPs were given GP of Rs. 4600/- corresponding to the upgraded old pay Scale of 7450-225-10500 as on 1.1.2006. At that time no bunching benefit was given and pay was fixed with multiple of 1.86 what was drawing in scale of 6500-200-10500.                                                                           
Date of promotion in the scale of  6500-200-10500
7-12-2001
4.
3rd MACP in GP of 4800/- now level 8 which has been conferred to ASPs w.e.f 1-1-2016 and are given 2nd promotion or MACP as the case may be.
7-12-2011
This should be  treated as 2nd MACP to ASP promoted prior to 1.1.2006
5.
Now 3rd MACP is being conferred in the GP of Rs. 5400/- on completion of 30 years of service to all ASPs eligible for MACP or promotion.
Still virtually  working in 4800/- as fixation is not done on 1-1-2016
This should be  treated as 3rd MACP to ASP promoted prior to 1.1.2006 when it is considered for those promoted after 1.1.2016

            Apparently both the scales of IPs and ASPs have been merged and granted GP of Rs. 4600 w.e.f. 01.01.2006 corresponding to old pay scale of 5500-9000 in which applicant get 1st promotion & 6500-225-10500 upgraded to GP of Rs. 4600/- equal to the old pay scale of 7450-225-60500 w.e.f. 01.01.2006.

            Consequent upon merger of two scales and placing both the scales in GP of Rs. 4600/- the applicant become eligible to 2nd MACP on completion of 20 years of service in the GP of Rs. 4800/- w.e.f. 01.01.2006.  However, if the department considers it that financial up-gradation under MACP cannot be conferred from the date prior to 01.09.2008 in such a case 2nd financial up-gradation in GP of Rs. 4800/- can be given from 01.09.2008.  The applicant will accordingly become eligible for 3rd MACP in the GP of 5400/- on completion of 30 years of total service or after rendering of 10 years service in 2nd MACP.

            Since the review DPC is applicable for other similar placed officers in all the circles as promotion in ASP cadre can vary from circle to circle so this association request you to please issue common orders to all the circles to conduct review DPC for all the ASP/ P S Group B officers so that no one feel discriminated.

            Thanking you and remains.

Yours sincerely,


(R N YADAV)
GENERAL SECRETARY